Workforce Development Council 11/9/2016

• LEGAL RELATIONS 17.Each party to this Lease shall be responsible for injury to persons or damage to property resulting from negligence on the part of itself,its employees, its agents,or its officers.Each party to this Lease(Indemnifying Party)shall indemnify and defend the other party to this Lease from and against all claims asserted by persons not parties to this Lease,arising from or relating to the Indemnifying Parties breach of this Lease,negligence, intentional misconduct,or violation of law.Neither party assumes any responsibility to the other party for the consequences of any act or omission of any third party. ENERGY . • - • . .. REIMBURSEMENT FOR DAMAGE TO PREMISES 19.The Lessee hereby agrees to reimburse the Lessor for damages caused by the negligence of its employees,clients and agents,but in no event shall this paragraph be construed as diminishing the Lessor's duty to make repairs as set forth in preceding paragraphs of this Lease,or as making Lessee responsible for the repair of normal wear and tear. HAZARDOUS SUBSTANCES 20.Lessor warrants to his/her knowledge that no hazardous substance,toxic waste,or other toxic substance has been produced,disposed of,or is or has been kept on the premises hereby leased which if found on the property would subject the owner or user to any damages,penalty,or liability under an applicable local,state or federal law or regulation. Lessee acknowledges that Lessor encountered some contaminated soils during construction of the Building as referenced in the State of Washington's Department of Ecology letter to the City dated April 20, 1998. Lessor represents that it remedied such contaminated soils as required by existing law. Lessor shall indemnify and hold harmless the Lessee with respect to any and all damages,costs,attorneys'fees,and penalties arising from the presence of any hazardous or toxic substances on the Premises,except for such substances as may be placed on the Premises by the Lessee. Lessee shall not keep upon or about the Premises for use,disposal,treatment,generation,storage,demonstration or sale any substances that are hazardous,toxic harmful or dangerous,and/or which are subject to regulation as hazardous or toxic,dangerous,or as a pollutant by any federal,state,or local law,regulation,statute,or ordinance (collectively referred to as"hazardous substances").Lessee shall be responsible for any and all damages,costs, fees (including attorney's fees and costs),civil and criminal penalties,or clean-up costs assessed against or imposed as a result of Lessee's use,disposal,generation,storage,demonstration or sale of hazardous substances or that of Lessee's employees,agents or invitees. Breach of this provision shall entitle Lessor to terminate this Lease. ADDITIONAL LEASE PROVISIONS 21. It is agreed that the Lessee has inspected the premises and accepts the premises"as-is"and that Lessor is not required to make any changes to the premises that is the subject of this Lease. CANCELLATION/SUPERSESSION • .. • - .!.